Ray Padula Holdings, LLC v. Walmart Marketplace Vendor No. 10001029424
Plaintiff: Ray Padula Holdings, LLC
Defendant: Walmart Marketplace Vendor No. 10001029424
Case Number: 7:2020cv04718
Filed: June 19, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2020 Filing 25 CERTIFICATE OF SERVICE of Order to Show Cause served on Defendant Walmart Marketplace Vendor No. 10001029424 on August 14, 2020. Service was made by Electronic Mail. Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley)
August 14, 2020 Opinion or Order Filing 24 ORDER TO SHOW CAUSE: ORDERED, that the above named defendant Walmart Marketplace Vendor No. 10001029424 show cause before the Honorable Vincent L. Briccetti of the United States District Court for the Southern District of New York, by telephone, on September 18, 2020, at 10:00 a.m., why an Order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure in favor of plaintiff Ray Padula Holdings, LLC, for the following relief: as set forth herein. IT IS FURTHER ORDERED that service by August 21, 2020, of a copy of this Order to Show Cause and supporting papers by delivery of PDF copies to the email address "reinaldodvaldesmorfa@aol.com," per the Order of the Court permitting alternative service (Doc. #15), shall be deemed good and sufficient service thereof. Also by August 21, 2020, plaintiff shall file proof of service of same. IT IS FURTHER ORDERED that any opposing papers must be served and filed by September 11, 2020. At the time of the scheduled hearing, the parties shall attend by calling the following number and entering the access code when requested: Dial-In Number: (888) 363-4749 or (215) 446-3662; Access Code: 1703567. SO ORDERED., ( Telephone Conference set for 9/18/2020 at 10:00 AM before Judge Vincent L. Briccetti.) Show Cause Hearing set for 9/18/2020 at 10:00 AM before Judge Vincent L. Briccetti. Show Cause Response due by 9/11/2020. (Signed by Judge Vincent L. Briccetti on 8/14/2020) (ama)
August 14, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #21 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
August 14, 2020 ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #23 Proposed Default Judgment was reviewed and approved as to form. (km)
August 13, 2020 Filing 23 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley) Proposed Default Judgment to be reviewed by Clerk's Office staff.
August 13, 2020 Filing 22 DECLARATION of Bradley Corsello in Support re: #21 Proposed Order to Show Cause Without Emergency Relief. Document filed by Ray Padula Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B).(Corsello, Bradley)
August 13, 2020 Filing 21 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
August 12, 2020 Opinion or Order Filing 20 ORDER: Accordingly, provided that defendant remains in default, plaintiff is ORDERED to move, by order to show cause and in accordance with the Court's Individual Practices, for default judgment against defendant, by August 26, 2020. If plaintiff fails to satisfy this deadline, the Court may dismiss the case without prejudice for failure to prosecute or failure to comply with court orders. Fed. R. Civ. P. 41(b). SO ORDERED. Motions due by 8/26/2020. (Signed by Judge Vincent L. Briccetti on 8/12/2020) (kv)
August 11, 2020 Filing 19 CLERK'S CERTIFICATE OF DEFAULT as to WALMART MARKETPLACE VENDOR NO. 10001029424.(km)
August 11, 2020 Filing 18 DECLARATION of Bradley Corsello re: #17 Proposed Clerk's Certificate of Default . Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley)
August 11, 2020 Filing 17 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
July 21, 2020 Filing 16 CERTIFICATE OF SERVICE of Summons and Complaint,. Walmart Marketplace Vendor No. 10001029424 served on 7/20/2020, answer due 8/10/2020. Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley)
July 17, 2020 Opinion or Order Filing 15 ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR ALTERNATIVE SERVICE OF PROCESS BY ELECTRONIC MAIL granting #11 Motion to Serve: IT IS ORDERED pursuant to Fed. R. Civ. P. 4(f), as sufficient cause has been shown, that service of the summons and complaint and all present and future papers in this action may be made upon, and shall be deemed effective as to Defendant, if it is completed by delivery of PDF copies to the email address "reinaldodvaldesmorfa@aol.com," (As further set forth in this Order.) The Clerk is instructed to terminate the motion (doc. # 11). (Signed by Judge Vincent L. Briccetti on 7/17/2020) (cf)
July 17, 2020 Filing 14 PROPOSED ORDER. Document filed by Ray Padula Holdings, LLC. Related Document Number: #11 ..(Corsello, Bradley) Proposed Order to be reviewed by Clerk's Office staff.
July 17, 2020 Filing 13 DECLARATION of Bradley Corsello in Support re: #11 EX PARTE MOTION to Serve Process by Electronic Mail.. Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley)
July 17, 2020 Filing 12 MEMORANDUM OF LAW in Support re: #11 EX PARTE MOTION to Serve Process by Electronic Mail. . Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley)
July 17, 2020 Filing 11 EX PARTE MOTION to Serve Process by Electronic Mail. Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley)
July 17, 2020 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #14 Proposed Order was reviewed and approved as to form. (km)
July 16, 2020 Filing 10 ELECTRONIC SUMMONS ISSUED as to Walmart Marketplace Vendor No. 10001029424..(jgo)
July 15, 2020 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Walmart Marketplace Vendor No. 10001029424, re: #1 Complaint,. Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley)
June 22, 2020 Opinion or Order Filing 8 ORDER granting #7 Letter Motion for Discovery. APPLICATION GRANTED. For the reasons set forth herein, plaintiff may initiate non-party discovery pursuant to Fed. R. Civ. P. 26(d)(1). The Clerk is instructed to terminate the letter-motion. (Doc. #7). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 6/22/2020) (mml)
June 22, 2020 Filing 7 LETTER MOTION for Discovery addressed to Judge Vincent L. Briccetti from Bradley Corsello dated June 22, 2020. Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley)
June 22, 2020 Filing 6 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(jgo)
June 22, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
June 22, 2020 Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
June 22, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bradley Scott Corsello. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:44; County code Westchester;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1114; the County code has been modified to Suffolk;. (jgo)
June 22, 2020 Case Designated ECF. (jgo)
June 19, 2020 Filing 5 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Corsello, Bradley)
June 19, 2020 Filing 4 NOTICE OF APPEARANCE by Bradley Scott Corsello on behalf of Ray Padula Holdings, LLC..(Corsello, Bradley)
June 19, 2020 Filing 3 CIVIL COVER SHEET filed..(Corsello, Bradley)
June 19, 2020 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ray Padula Holdings, LLC..(Corsello, Bradley)
June 19, 2020 Filing 1 COMPLAINT against Walmart Marketplace Vendor No. 10001029424. (Filing Fee $ 400.00, Receipt Number ANYSDC-20335551)Document filed by Ray Padula Holdings, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Corsello, Bradley)

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Defendant: Walmart Marketplace Vendor No. 10001029424
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Plaintiff: Ray Padula Holdings, LLC
Represented By: Bradley Scott Corsello
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